WARRANTY
Seller expressly warrants to Buyer (a) that the equipment will comply with the description set
forth herein; (b) that the components and parts fabricated by Seller will be free from
detrimental defects in workmanship and materials.
If it appears within one year from date of shipment by Seller that the equipment does not meet
these express warranties and Buyer gives Seller prompt and reasonable notice, Seller shall, at
its option, either repair or replace at its expense, F.O.B. Seller’s works, but not dismantle or
reinstall, the defective parts provided, upon request such parts are shipped freight prepaid to
Seller’s works.
These warranties shall not apply if equipment is subjected to other than normal and proper
storage, handling, installation, operation and maintenance or to unauthorized repairs or
alterations. Equipment, components and accessories made by other manufacturers are
warranted only to the extent of the original manufacturer’s warranties to Seller. The foregoing
warranty obligation of the seller shall constitute the sole and exclusive remedy of the buyer
and the sole liability of the seller, except as set forth herein and except as to the title it is
expressly agreed (a) that there is no warranty of merchantability of any other warranty,
express, implied or statutory, nor any affirmation of fact or promises by Seller with respect to
the equipment or parts or otherwise which extend beyond the specifications mutually agreed
upon in writing by Seller and Buyer, and (b) that the Buyer acknowledges that it is purchasing
the equipment solely on the basis of the commitments of Seller expressly set forth herein, in
no event shall Seller be liable for special, indirect, or consequential damages including,
without limitation, anticipated profits.
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